UK Parliament / Open data

Counter-Terrorism and Security Bill

Debate on bills on Tuesday, 6 January 2015, in the House of Commons, led by James Brokenshire.
Report stage first day. New clause 1 (Imposition of temporary exclusion orders) debated and withdrawn. Discussed with new clause 2 (Conditions A to E), new clause 3 (Prior permission of the court), and new schedule 1 (Proceedings relating to Temporary Exclusion Orders). New clause 3 negatived on division (230 votes to 315). Further amendments debated and withdrawn or negatived. Bill to be further considered tomorrow.
Type
Parliamentary proceeding
Reference
590 cc164-237 
Session
2014-15
Department
Home Office
Legislative stage
Report stage
Chamber / Committee
House of Commons chamber
Counter-Terrorism and Security Bill 2014-15. As amended in Committee.
Tuesday, 16 December 2014
Bills
House of Commons
Counter-Terrorism and Security Bill (Programme) (No. 2)
Tuesday, 6 January 2015
Parliamentary proceedings
House of Commons
Proceeding contributions
Lord Hanson of Flint | 590 c165 (Link to this contribution)

I beg to move, That the clause be read a Second time.

John Bercow | 590 cc165-170 (Link to this contribution)

With this it will be convenient to discuss the following:

New clause 2—Conditions A to E—


Show all contributions (128)
Lord Hanson of Flint | 590 cc171-2 (Link to this contribution)

It is a pleasure to be here in this new year to deal with this important Bill. I mention the new ...

William Cash | 590 c172 (Link to this contribution)

The right hon. Gentleman accepts that there is a substantial threat, although he says that we do ...

Lord Hanson of Flint | 590 cc172-3 (Link to this contribution)

I look forward to hearing the hon. Gentleman’s speech in support of his own amendments in due cou...

David Winnick | 590 c173 (Link to this contribution)

Is not the nub of the matter, as raised by the hon. Gentleman, simply this: it is for the court t...

Lord Hanson of Flint | 590 cc173-4 (Link to this contribution)

I am grateful to my hon. Friend for tabling his amendments, which have a similar hue to ours, in ...

William Cash | 590 c174 (Link to this contribution)

I have looked through the minutes of evidence taken before the Joint Committee on Human Rights on...

Lord Hanson of Flint | 590 c174 (Link to this contribution)

Let us look at those issues in due course. The hon. Gentleman will have an opportunity to make a ...

Mark Field | 590 c174 (Link to this contribution)

Does the shadow Minister accept that these temporary arrangements have a level of urgency that is...

Lord Hanson of Flint | 590 c174 (Link to this contribution)

I accept that there will always be an element of speed required on occasion to examine issues suc...

Pete Wishart | 590 c175 (Link to this contribution)

I welcome Labour’s conversion to judicial oversight in the matter of temporary exclusion orders. ...

Lord Hanson of Flint | 590 cc175-6 (Link to this contribution)

As someone who had the privilege of holding ministerial position in the previous Government, I ca...

Lord Hanson of Flint | 590 c176 (Link to this contribution)

Perhaps they were there on Second Reading. I might be a bit old fashioned, but I thought that one...

Guy Opperman | 590 c176 (Link to this contribution)

Is that the best the right hon. Gentleman can do—reading out bits of newspapers?

Lord Hanson of Flint | 590 c176 (Link to this contribution)

Well, it strikes me that when The Guardian newspaper reports that the Deputy Prime Minister is ch...

Lord Campbell of Pittenweem | 590 c176 (Link to this contribution)

I regret that I have no access to the bowels of Government however unsavoury they might be. I mad...

Lord Hanson of Flint | 590 c177 (Link to this contribution)

Let me gently stroke the right hon. and learned Gentleman and try to keep him in the tent. I thin...

Edward Leigh | 590 c177 (Link to this contribution)

The right hon. Gentleman talks about carnage and defeat. I have been around this place during man...

Lord Hanson of Flint | 590 c177 (Link to this contribution)

I am not sure whether the hon. Gentleman was in the Chamber at the start of my comments when I sa...

Dominic Raab | 590 c178 (Link to this contribution)

I am listening sympathetically to some of the strong arguments that the shadow Minister is making...

Lord Hanson of Flint | 590 c178 (Link to this contribution)

I hope that I can. It is perfectly reasonable to have judicial oversight of such matters. As I ha...

David Winnick | 590 c178 (Link to this contribution)

In case the hon. Member for Esher and Walton (Mr Raab) was asking what the position would be if a...

Lord Hanson of Flint | 590 cc178-9 (Link to this contribution)

That is reassuring. I will look forward to my hon. Friend’s support post-May in the happy event o...

Dominic Grieve | 590 cc179-180 (Link to this contribution)

I was reflecting as I listened to the right hon. Member for Delyn (Mr Hanson) putting the case fo...

Mark Field | 590 c180 (Link to this contribution)

Although I share some of my right hon. and learned Friend’s concerns about riding roughshod over ...

Dominic Grieve | 590 c180 (Link to this contribution)

I am grateful to my hon. Friend, but I must say that I profoundly disagree. I think that the issu...

William Cash | 590 c181 (Link to this contribution)

My right hon. and learned Friend and I have crossed swords on this matter on a number of occasion...

Dominic Grieve | 590 c181 (Link to this contribution)

The biggest threat to the common law is the statutes we pass in the House that undermine it. The ...

Edward Leigh | 590 c181 (Link to this contribution)

With respect, does my right hon. and learned Friend not realise how out of touch he is? He talks ...

Dominic Grieve | 590 c181 (Link to this contribution)

They might be crazed jihadists, and they might be suspected of being crazed jihadists. It might b...

Dominic Raab | 590 c182 (Link to this contribution)

Does my right hon. and learned Friend agree that, as a matter of efficacy, if we want to focus th...

Dominic Grieve | 590 c182 (Link to this contribution)

I agree entirely. The truth, I suspect, is that we simply do not know the full spectrum of indivi...

David Winnick | 590 cc182-3 (Link to this contribution)

Amendment 18, which stands in my name, has been grouped with those that we are now debating. I en...

William Cash | 590 cc183-4 (Link to this contribution)

The hon. Gentleman talked about the exclusion of the courts, and the right hon. Member for Delyn ...

David Winnick | 590 c184 (Link to this contribution)

The hon. Gentleman and I are never likely to reach agreement on these issues. There are honest di...

Lord Campbell of Pittenweem | 590 cc184-6 (Link to this contribution)

I must begin by apologising for not being present at the outset of the debate. The business of th...

Lord Beith | 590 c186 (Link to this contribution)

I seek clarification from my right hon. and learned Friend, based on his considerable knowledge a...

Lord Campbell of Pittenweem | 590 c186 (Link to this contribution)

The question is one of the Home Secretary having to persuade the court that he or she was entitle...

Pete Wishart | 590 c186 (Link to this contribution)

After almost four days of debate, this Bill has almost burst into life after I do not know how ma...

Edward Leigh | 590 c186 (Link to this contribution)

Perhaps the answer to the hon. Gentleman’s question is that most Members of Parliament support th...

Lindsay Hoyle | 590 c187 (Link to this contribution)

Perhaps I could help a little. Obviously we want to get to the new clauses and amendments rather ...

Pete Wishart | 590 c187 (Link to this contribution)

Thank you, Mr Deputy Speaker.

Unfortunately I missed the beginning of this debate on tempor...

George Howarth | 590 c187 (Link to this contribution)

I have listened with great interest to the hon. Gentleman’s contributions throughout the passage ...

Pete Wishart | 590 c187 (Link to this contribution)

That is what I am doing. I am congratulating the Labour party. This evening, for probably the fir...

Lindsay Hoyle | 590 c187 (Link to this contribution)

Order. We need to get to the new clauses and amendments. I understand that you want to try to mak...

Pete Wishart | 590 cc187-9 (Link to this contribution)

Thank you, Mr Deputy Speaker.

We have these amendments today because there has been an inte...

William Cash | 590 cc188-191 (Link to this contribution)

I am concerned, and have been for a long time, about the apparent not indifference to but unaware...

David Winnick | 590 c191 (Link to this contribution)

A few moments ago, the hon. Gentleman referred to wishy-washy liberties. Is not liberty one of th...

William Cash | 590 c192 (Link to this contribution)

Yes, it certainly is, but it is also subject to the question of what is the appropriate rule of l...

David Winnick | 590 c192 (Link to this contribution)

Surely the rule of law must imply and mean in practice that no one’s liberty should be taken away...

William Cash | 590 c192 (Link to this contribution)

There are very sound reasons why the Secretary of State should have the right to determine these ...

Mark Durkan | 590 c192 (Link to this contribution)

The hon. Gentleman refers to conditions A to D, which refer to the Secretary of State “reasonably...

William Cash | 590 cc192-3 (Link to this contribution)

Provided evidence to those who will be making decisions about terrorism-related activities. It is...

Mark Field | 590 c193 (Link to this contribution)

Unlike many of my colleagues I am more sympathetic to the Government’s position than others, alth...

David Heath | 590 c193 (Link to this contribution)

Does the hon. Gentleman accept that judicial review can look only at the process of reaching a de...

Mark Field | 590 cc193-4 (Link to this contribution)

That is the principle of judicial review, as the hon. Gentleman is well aware, and judicial activ...

Mark Durkan | 590 cc194-6 (Link to this contribution)

Like other Members, I have listened to the debate and to the various points that have been made. ...

Lord Garnier | 590 cc196-7 (Link to this contribution)

The experience of the constituent of the hon. Member for Foyle (Mark Durkan), which I was interes...

Mark Field | 590 c197 (Link to this contribution)

My objection is not that there is not a great power of intellect in the House of Lords; it is tha...

Lord Garnier | 590 c197 (Link to this contribution)

I see. That is a different point from the one I was addressing, so I apologise to my hon. Friend....

William Cash | 590 c197 (Link to this contribution)

Would my hon. and learned Friend be kind enough to give way?

Lord Garnier | 590 c197 (Link to this contribution)

I give way to a fellow member of the former shadow Attorney-General’s club.

William Cash | 590 c197 (Link to this contribution)

The old cabal.

I wonder if my hon. and learned Friend would be good enough to answer this s...

Lord Garnier | 590 c198 (Link to this contribution)

I am not going to answer that question, because it is not central to my point. When my hon. Frien...

Lord Beith | 590 c198 (Link to this contribution)

Would the hon. and learned Gentleman be happier, as I would be, if, by the time the Bill returned...

Lord Garnier | 590 c198 (Link to this contribution)

For all sorts of reasons, “managed return” is a more accurate description of what we are about, a...

Lord Campbell of Pittenweem | 590 c198 (Link to this contribution)

The hon. and learned Gentleman might recall that when the Home Secretary introduced the Bill she ...

Lord Garnier | 590 cc198-9 (Link to this contribution)

One never knows if the draught is going one way or the other, but let us hope that there is some ...

David Davis | 590 c199 (Link to this contribution)

I associate myself almost entirely with the assessment of the Bill by my hon. and learned Friend ...

Edward Leigh | 590 cc199-201 (Link to this contribution)

I hesitate to speak in the company of such distinguished lawyers, as I am just a former common or...

Lord Hanson of Flint | 590 c201 (Link to this contribution)

Given the logic of the hon. Gentleman’s argument, does he believe that we should remove judicial ...

Edward Leigh | 590 c201 (Link to this contribution)

I think we are talking about something slightly different. As I understand it, TPIMs deal with so...

David Winnick | 590 c202 (Link to this contribution)

Following the atrocity of 7/7, public anger was very obvious and justified, given that 52 people ...

Edward Leigh | 590 c202 (Link to this contribution)

Of course I do not propose to leave it to the public and their anger. That is taking my arguments...

Edward Leigh | 590 c202 (Link to this contribution)

Before I end my speech, I had better give way to my good friend.

David Davis | 590 c202 (Link to this contribution)

It is necessary to protect public security while avoiding miscarriages of justice. Does my hon. F...

Edward Leigh | 590 cc202-3 (Link to this contribution)

I broadly accept that point. Much as I admire the Secretary of State and her advisers, I freely a...

Dominic Raab | 590 cc203-4 (Link to this contribution)

I want to make a few brief comments about the important and, in many respects, symbolic issue tha...

Richard Shepherd | 590 cc204-5 (Link to this contribution)

I greatly appreciate the speech that we have just heard. It reflects many views that I have held ...

James Brokenshire | 590 cc205-6 (Link to this contribution)

This has been a carefully considered and good debate. Some hon. Members have highlighted that, on...

David Heath | 590 c206 (Link to this contribution)

Just to clarify matters for myself—this may be obvious—the decision to exclude is not in any way ...

James Brokenshire | 590 c206 (Link to this contribution)

I absolutely endorse what my hon. Friend has said. This is not about citizenship. This is a tempo...

William Cash | 590 c206 (Link to this contribution)

Would the Minister be good enough to explain why there is no condition applied for a temporary ex...

James Brokenshire | 590 cc206-7 (Link to this contribution)

I will come on to my hon. Friend’s amendments later, but the test is

“that the Secretary of...

James Brokenshire | 590 c207 (Link to this contribution)

I promise that I will come back to my hon. Friend’s points, but I would like to get to the Opposi...

Lord Garnier | 590 c207 (Link to this contribution)

What the Minister has just said seems to support the suggestions made by me and others that this ...

James Brokenshire | 590 cc207-8 (Link to this contribution)

I hear the point my hon. and learned Friend makes, and the issue came up when we considered this ...

Lord Hanson of Flint | 590 c208 (Link to this contribution)

The Minister must recognise that our amendments are exactly the same as those we tabled in Commit...

James Brokenshire | 590 c209 (Link to this contribution)

There are a number of issues that require further consideration. It is better to get this right a...

Pete Wishart | 590 c209 (Link to this contribution)

Obviously, I cannot speak on behalf of Labour Front-Benchers, but I hope they are not prepared to...

James Brokenshire | 590 c209 (Link to this contribution)

I have clearly recognised the issues highlighted by David Anderson and by right hon. and hon. Mem...

William Cash | 590 c209 (Link to this contribution)

The Minister frames his response in a reasonable manner but, in line with the international conve...

James Brokenshire | 590 c210 (Link to this contribution)

I recognise the strength of feeling that my hon. Friend and other hon. Members have on the need t...

Lord Hanson of Flint | 590 c210 (Link to this contribution)

This has been a useful debate, which is reflected in the fact that it has been longer than I expe...

Baroness Laing of Elderslie | 590 c211 (Link to this contribution)

Order. As there was a reason for the delay and a large number of Members were held up coming into...

Lord Hanson of Flint | 590 cc211-6 (Link to this contribution)

I beg to move amendment 9, page 1, line 8, at end insert—

‘(2) This section shall be repeal...

David Heath | 590 c216 (Link to this contribution)

I am curious to know why the right hon. Gentleman’s amendment applies only to clause 1, unless I ...

Lord Hanson of Flint | 590 c216 (Link to this contribution)

As ever, we are picking arguments and discussion on a range of issues. We could table an amendmen...

David Heath | 590 c217 (Link to this contribution)

It is curious, though, to table an amendment that deals with the one thing that, in another form,...

Lord Hanson of Flint | 590 c217 (Link to this contribution)

I am grateful for the hon. Gentleman’s contribution. Logicality is a matter of judgment. We have ...

James Brokenshire | 590 cc217-8 (Link to this contribution)

We discussed this matter in Committee, and I do not intend to detain the House for a great deal o...

Lord Hanson of Flint | 590 c218 (Link to this contribution)

The Minister issued a consultation document on 18 December, which was either the last day or the ...

James Brokenshire | 590 cc218-9 (Link to this contribution)

The right hon. Gentleman was very clear to us about the need for consultation documents to be pro...

Lord Hanson of Flint | 590 c219 (Link to this contribution)

Does the Minister think that a sunset clause in prevention of terrorism legislation gave succour ...

James Brokenshire | 590 c219 (Link to this contribution)

If the right hon. Gentleman was listening, he would know that I was clear that I do not believe t...

Lord Hanson of Flint | 590 c219 (Link to this contribution)

I have heard what the Minister has said, but the Opposition still wish to examine the issue in de...

Lord Hanson of Flint | 590 cc219-224 (Link to this contribution)

I beg to move amendment 10, page 30, line 14, schedule 1, at end insert—

“(c) the individua...

Baroness Laing of Elderslie | 590 c224 (Link to this contribution)

With this it will be convenient to discuss amendment 11, page 30, line 14, at end insert—

“...

Lord Hanson of Flint | 590 cc224-5 (Link to this contribution)

The power to seize a passport is set out in clause 1 and schedule 1. For the sake of clarity, I r...

Bob Stewart | 590 c225 (Link to this contribution)

If someone is going abroad with a British passport, either on business or for humanitarian reason...

Lord Hanson of Flint | 590 c225 (Link to this contribution)

I suspect that that would be a recipe for chaos in the Foreign Office and for difficult decisions...

David Heath | 590 cc225-6 (Link to this contribution)

I am not seeking to undermine the right hon. Gentleman’s cases and I am interested in what he is ...

Lord Hanson of Flint | 590 c226 (Link to this contribution)

The standard excuses are, first, speed and, secondly, the fact that we do not have a Home Office ...

James Brokenshire | 590 cc226-8 (Link to this contribution)

I recognise that the right hon. Member for Delyn (Mr Hanson) advances a number of themes that we ...

David Heath | 590 c228 (Link to this contribution)

Is there any process allowing the senior officer reviewing the initial decision by the constable ...

James Brokenshire | 590 c228 (Link to this contribution)

The review process does not provide for that, but the consultation on the code of practice that g...

Bob Stewart | 590 c228 (Link to this contribution)

My children have three passports: French, Swiss and British. Is there any provision enabling some...

James Brokenshire | 590 c228 (Link to this contribution)

The Bill is, of course, a wider subject than the amendment, but my hon. Friend may wish to consul...

Dominic Grieve | 590 c228 (Link to this contribution)

I think that the hon. Member for Somerton and Frome (Mr Heath) made a good point. If a policeman ...

James Brokenshire | 590 cc228-9 (Link to this contribution)

Clearly, the police officer must hold the reasonable belief at that time, as I think my right hon...

Lord Hanson of Flint | 590 c229 (Link to this contribution)

The Minister has tried to reassure the House that the clause and schedule provide sufficient safe...

Diana Johnson | 590 cc229-235 (Link to this contribution)

I beg to move amendment 8, page 11, line 3, at end insert—

(iii) any information beyond tha...

James Brokenshire | 590 cc234-7 (Link to this contribution)

I am grateful to the hon. Member for Kingston upon Hull North (Diana Johnson) for raising these i...

Diana Johnson | 590 c237 (Link to this contribution)

I am grateful to the Minister for going through this very technical part of the Bill. I think it ...

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